--- title: "Wear and Tear vs Tenant Damage in Maryland Rentals" description: "Normal wear and tear vs tenant damage in a Maryland rental: examples, how to prorate carpet, and what you can charge against a security deposit." url: https://realpmgold.multisites.ai/landlord-center/wear-tear-tenant-damage publisher: Real Property Management Gold phone: +1-301-392-2172 assessment: https://realpmgold.multisites.ai/contact-us#assessment --- # Wear and Tear or Tenant Damage? How to Tell at Move-Out Normal wear and tear is the gradual aging that comes from ordinary use, and a Maryland landlord cannot charge for it. Tenant damage comes from negligence or misuse, such as a broken window or a hole in a wall. A landlord can deduct only physical damage beyond ordinary wear and tear. Landlord CenterUpdated October 29, 20265 min read - **Wear is not chargeable.** Ordinary aging from normal use, such as small scuffs on walls or furniture marks on floors, stays with the owner. - **Damage is negligence or misuse.** Broken windows, holes in walls, burns and unreported leaks that grow into damage can be charged. - **Prorate by age.** If a five-year-old carpet is damaged, you cannot charge the tenant its full replacement cost. - **Prove it.** Itemize costs, keep supporting documents and send the written list within 45 days after the tenancy ends. ## What is the difference between wear and tear and tenant damage? Wear and tear is the slow aging a home gets from being lived in. Damage is harm the tenant caused. After a tenant moves out of your Southern Maryland rental, you need to sort every item into one of those two groups. The line can be hard to draw and subjective at times. If you charge something that should not have been charged, you can face problems. A [southern Maryland property manager](https://realpmgold.multisites.ai/property-management-services) can help, and the steps below show how to start. Maryland’s People’s Law Library defines the term: “‘Ordinary wear and tear’ refers generally to deterioration that occurs as the result of normal use of the rented property.” Its examples are small scratches, marks or scuffs on walls, and marks on floors caused by furniture. See the [normal wear and tear](https://realpmgold.multisites.ai/glossary/normal-wear-and-tear) glossary entry. ## What counts as tenant damage? Real Property Management Gold defines damage as “things that the tenant caused from negligence or malice.” The tenant was not paying attention and something happened, or the tenant destroyed something. Common examples from the firm’s guide: - Broken windows and broken doors. - Holes in walls. - Cuts on counters from not using a cutting board. - Cigarette burns. - Excessive ivy growing up the property. - Unmaintained landscaping. Unreported problems are a special case. A tenant may see a leak and never call it in. A tenant may overflow a toilet, or pour grease down a drain until it clogs. The firm says it charges tenants for this type of damage. The 24 hour maintenance hotline for tenants is 301-255-6445, and a quick report is the best way to prevent a small problem from growing. ## What counts as normal wear and tear? Every house has it. The firm lists these as normal: - Carpet that has aged. A five-year-old carpet will need replacement. - Wall marks from hanging items. When the tenant used anchors, the tenant should repair and replace the holes. - Settlement cracks and other foundation issues. - Loose cabinets and hinges. Use this table as a quick guide at move-out. Item Usually wear and tear Usually damage Walls Small scuffs and marks Large holes, writing, water stains from tenant neglect Floors Marks from furniture Deep gouges, pet stains, burns Carpet Fading and flattening in high-traffic areas Burns, large stains, tears Counters Light wear Cuts and burns Windows and doors Sticky tracks, loose hardware Broken glass, broken frames Plumbing Slow aging of fixtures Clogs from grease, overflow damage the tenant did not report Yard Seasonal growth Neglected landscaping the lease makes the tenant’s job. See [landscaping responsibilities](https://realpmgold.multisites.ai/landlord-center/landscaping-responsibilities) The table mixes the firm’s examples with common ones. Treat it as a starting point, because each home and each lease is different. Solomons Island. Photo: Acroterion, CC BY-SA 4.0. ## How do I prorate a charge? Prorating means you charge only for the part of an item’s life the tenant used up. The firm gives the example of carpet. If your carpet is five years old, it needs replacement anyway, and you “cannot charge the tenants for the full amount.” If a tenant damages it, “you have to prorate the cost based on how long they have lived there.” The firm applies the same approach to walls. The People’s Law Library adds a related rule on lost rent. If you keep money for a breach of the lease, you can claim only the actual amount lost. ## What does Maryland require when I keep part of a deposit? You need a record and a deadline. According to the People’s Law Library: 1. A landlord can keep money for unpaid rent, or for damage beyond ordinary wear and tear. 2. The landlord must send a written list of the damages claimed, with the actual costs, by first-class mail to the tenant’s last known address. 3. The mailing must go out within 45 days after the tenancy ends. A landlord who fails to do so “loses the right to keep any part of the security deposit for damages.” 4. If you give an estimate, you must tell the tenant in writing when repairs are done and share final invoices. Any excess goes back within 30 days after repairs are complete. A tenant who disagrees can sue within two years after the tenancy ends. A landlord who withholds money without a reasonable basis may owe up to three times the withheld amount plus attorney’s fees. Our [security deposit guide](https://realpmgold.multisites.ai/landlord-center/security-deposit-guidelines-laws) covers the cap, the receipt and the interest rules. ## How should I document the home? Documentation wins disputes. Take dated photos at move-in and at move-out, and write a condition list for each room. Keep invoices and receipts for every repair. If you hold a [security deposit](https://realpmgold.multisites.ai/glossary/security-deposit), the same records support your claim. A move-out inspection with the tenant present, when the tenant asks for it, avoids surprises. Our [rent ready guide](https://realpmgold.multisites.ai/landlord-center/what-is-rent-ready) includes a checklist, and the [move-in inspection](https://realpmgold.multisites.ai/glossary/move-in-inspection) entry explains the starting record. Real Property Management Gold also performs periodic maintenance inspections for $199. The Silver plan includes a mid-year inspection, and Gold and Platinum clients are on a quarterly schedule. A series of inspections gives you a dated trail of the home’s condition. ## When is a borderline item worth charging? Often it is not. The firm’s advice is that, under Maryland law, you need to give your tenants the benefit of the doubt, and that courts come down hard if you charge for something you cannot prove was damage. If you see an item that is borderline, it is probably not worth charging. Save your energy for clear damage you can document. Pets raise the stakes. Our [pet screening page](https://realpmgold.multisites.ai/pet-screening) explains how pet damage is handled and how Maryland treats pet deposits. For the larger legal picture, see [Maryland landlord-tenant law](https://realpmgold.multisites.ai/landlord-center/maryland-landlord-tenant-law). This page is general information, not legal advice. Laws change; check the linked official source or talk to a Maryland attorney. ## Next step If you want help sorting damage from wear at your next move-out, request a free assessment at [/contact-us](https://realpmgold.multisites.ai/contact-us) or call (301) 392-2172. ## Frequently asked questions ### What is normal wear and tear? Maryland's People's Law Library describes it as deterioration that occurs as the result of normal use of the rented property. Small scratches, marks or scuffs on walls, and marks on floors from furniture, are examples. A landlord cannot deduct for normal wear and tear from a security deposit. ### What counts as tenant damage? Damage is something the tenant caused through negligence or malice. Common examples are broken windows or doors, holes in walls, cuts on counters, cigarette burns, unmaintained landscaping, and problems the tenant saw and never reported, such as a leak or a grease clog. ### Can I charge a tenant the full cost of new carpet? Usually not. If the carpet was five years old, it was due for replacement anyway. You prorate the cost based on how long the tenant lived there, and the same approach applies to walls. Charge only the portion of life the tenant used up. ### What must I send the tenant if I keep part of the deposit? A written list of the damages you claim, with the actual costs, sent by first-class mail within 45 days after the tenancy ends. Maryland's People's Law Library says a landlord who misses the deadline loses the right to keep any part of the deposit for damages. ### Is a settlement crack damage? No. Settlement cracks and other foundation issues are not tenant damage. They are the owner's responsibility, along with loose cabinets and hinges, which are expected in any lived-in home. Do not deduct for them from a security deposit. ### What if the tenant disagrees with my charges? A tenant can sue in District Court within two years after the tenancy ends. A landlord who keeps a deposit without a reasonable basis may owe up to three times the withheld amount plus attorney's fees. Photos, dated condition reports and receipts are your best protection. ## Terms on this page - [Normal wear and tear](https://realpmgold.multisites.ai/glossary/normal-wear-and-tear) - [Move-in inspection](https://realpmgold.multisites.ai/glossary/move-in-inspection) - [Security deposit](https://realpmgold.multisites.ai/glossary/security-deposit) - [Rent-ready](https://realpmgold.multisites.ai/glossary/rent-ready) ## Sources 1. [Real Property Management Gold: Wear and Tear or Tenant Damage?](https://www.realpmgold.com/landlord-center/wear-tear-tenant-damage) 2. [Real Property Management Gold: Wear and Tear or Tenant Damage? (proration)](https://www.realpmgold.com/landlord-center/wear-tear-tenant-damage) 3. [Real Property Management Gold: Wear and Tear or Tenant Damage? (settlement cracks)](https://www.realpmgold.com/landlord-center/wear-tear-tenant-damage) 4. [Maryland People's Law Library: Ordinary Wear and Tear](https://www.peoples-law.org/ordinary-wear-and-tear) 5. [Maryland People's Law Library: Security Deposits](https://www.peoples-law.org/security-deposits) 6. [Maryland People's Law Library: Security Deposits (notice)](https://www.peoples-law.org/security-deposits) 7. [Maryland People's Law Library: Security Deposits (claims)](https://www.peoples-law.org/security-deposits) Checked against the sources above on October 29, 2026. Laws, fees and programs change, so check the linked page before you act. ## Keep reading - [Rental Property Insurance: What Owners and Tenants Each NeedA standard homeowner's policy generally will not cover a home once a tenant lives in it. Ask your insurer to change it to a landlord policy or an occupied dwelling policy. Real Property Management Gold also requires tenants to carry renter's insurance with at least $100,000 in liability coverage.](https://realpmgold.multisites.ai/landlord-center/rental-property-insurance) - [Pet Screening for Your Maryland Rental: Fees, Deposits and Assistance AnimalsWe screen every pet through PetScreening.com. Applicants complete a Pet Profile that is reviewed and scored. Pets are allowed case by case at $50 per approved pet each month, with no pet deposit. Assistance animals are treated differently under Fair Housing law, so each request gets an individual review.](https://realpmgold.multisites.ai/pet-screening) - [Landlord Learning Center for Southern MarylandThe Landlord Learning Center is Real Property Management Gold's library for Southern Maryland landlords. It covers Maryland landlord-tenant law, tenant screening, money topics such as deposits, collections, taxes and insurance, and maintenance topics such as getting a home rent ready and wear and tear.](https://realpmgold.multisites.ai/landlord-center) ## Ask what your home could rent for. Free. A free rental assessment from our offices in Lexington Park and Waldorf. No cost, no contract, no pressure. [Request a free assessment](https://realpmgold.multisites.ai/contact-us#assessment)[(301) 392-2172](tel:+13013922172)